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Interference No. 105,216
Badylak v. Buirge
F. Badylak as a co-inventor, is granted. The joint motion was granted in Paper 39. Accordingly,
it is now appropriate to enter judgment against the junior party.
it is
ORDERED that judgment as to the subject matter of each of Counts 1-37 is herein
entered against the junior party STEPHEN F. BADYLAK, ANDREW W. BUIRGE, PAUL J.
BUSCEMI, and PAUL H. BURMEISTER, and thus the junior party STEPHEN F, BADYLAK,
ANDREW W. BUIRGE, PAUL J. BUSCEMI, and PAUL H. BURMEISTER is not entitled to
claims 1-37 of Application 09/116,734;
FURTHER ORDERED that a copy of the parties'joint motion to correct named
inventorship of the senior party's involved patent (Paper 38 in this interference), a copy of the
evidence in support of that joint motion, and a copy of the decision (Paper 39) on that joint
motion, all be placed in the official file of Patent No. 5,693,085;
FURTHER ORDERED that within seven (7) days of the date of this judgment, the
senior party file a proposed certificate of correction for its involved patent (include a copy for the
interference file), to reflect the correction in named inventorship as was approved by the Board in
Paper 39, together with any required fee, for forwarding by the Board to an appropriate office
within the USPTO;
FURTHER ORDERED that if there is a settlement agreement, the parties should note
the requirements of 35 U.S.C. § 135(c) and Bd. Rule 205;
FURTHER ORDERED that a copy of this judgment be filed in the respective involved
application or patent of the parties.
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